Sandy L Add FL-CS 901102ALLEN PROPERTY CORPORATION
12770 COIT ROAD · SUITE 1215 · DALLAS, TEXAS 75251
Telephone 214-233-5771 / Fax 214-233-5881
November 2, 1990
Alan D. Ratliff, City Manager
City of Coppell
P.O. Box 478
Coppell, Texas 75019
Re:
Lee Elementary Drainage Proposal
November 13, 1990 City Council Agenda
Dear Mr. Ratliff:
Thank you for the meeting of November 1, 1990 for the purpose of discussing the solution lo
the drainage problem occurring north of Lee Elementary. After reflection on the meeting I
thought it might be helpful for me to write this letter to be specific about the approvals we need
from the City Council al the November 13, 1990 meeting on this issue. Although the drainage
proposal to be considered on November 13th was initiated by the plat approval request of the
Coppell Church of Christ, it is important that this drainage issue be addressed and resolved not
only in conjunction with the final plat approval for the church, but as a separate matter in and
of itself. As you know the Food Lion grocery store plat is also in process, the Lee Elementary
School expansion is imminent, and we are negotiating other development possibilities in the
same area; all of which are affected by the resolution of this drainage question.
The specific approvals sought from the City Council on November 13th are:
1.) Dowdey Plan Approval - For the reasons stated above, it is very important that the
City Council address this issue and make a decision on the acceptability of the drainage and
utility development concept as reflected in the drainage and sanitary sewer extension plan for
Lee Elementary school prepared by Dan M. Dowdey and Associates dated August 1990, and which
has been reviewed by your city staff (the "Dowdey Plan"). I've enclosed a copy of the Dowdey
Plan with this letler. Please advise how many additional copies you need for the November 13Ih
meeting.
I understand that the City Council's approval of the Dowdey Plan on November 13th will be
subject to city staff approval of the final engineering design of the construction plans.
However, it is necessary to have the approval of this preliminary plan at this time so we can
(i.) proceed with preparation of the construction plans, and (ii) can assure the developers of
other proposed projects in this area that there is an agreed manner of handling the drainage
across Lee Elementary.
2.) Approval of Easements and Right to Construct - The approvals at the November
13th meeting needs to also provide that the city will allow Sandy Lake Corners Joint Venture, or
its agents or its assigns, ID proceed with the construction of the drainage and utility facilities
contemplated on the Dowdey Plan (after final engineering approval) upon delivery to the City of
the drainage and utilily easements from the school district to the city, across the Lee
Elementary site. There are two easements which are associated with the construction of the
Dowdey Plan. A proposed form of both easements is enclosed, and both of these easements have
been approved by the school district. The first easement, marked #lA, is for the drainage
swale, and is wide enough to accommodate it's required 10:1 side slope on the school side, as
well as the sanitary sewer extension. The one unique feature about this easement is that it
provides that the school district will be responsible to maintain the swale area, instead of the
city. This swale will be dry except during heavy rains, and will be easily mowed along with the
play ground. The olher easement is a standard city easement to provide for the extension for the
60" storm sewer and the construction of lhe enlarged inlet at the northwest corner of the school
sile.
Since the easemenls will be aclually granled to the city, the City Council approval needs to
authorize us lo enter upon lhe easements and do the construction work under the Dowdey Plan,
once the city approves the final construction drawings.
In order to comply with some of the agreements we have with the developers in the area, we
will need after the November 13th meeting either a letter, resolution, or some other written
evidence of the City approval (i) of the Dowdey Plan (ii) the easements, and (iii) our right to
enter upon the easements to perform the work after final engineering approval. If you have any
questions please call.
Yours very truly,
Allen Property Corporation
Michael R. Allen, President
Enclosure
Mark Wolfe
Steve Goram, with enclosure
Gary Sieb
Buddy Echols
Richard Dooley
PP UTILITES/ar/11.2.90
THE STATE OF TEXAS ~ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DALLAS S
,That the Coppell Independent School DistriCt (,,Grantor"), ~or
and in consideration of the sum of Ten and No/100 Dollars ($10.00)
and other aced and valuable consideration in hand paid to Grantor
.... ,%- ~- ~o~ell Texas (*,Grantse"), the receipt ~nd
sufficiency of which is hereby acknowledged and confesses, nas
unto Grantee, and Grantee's successors anu om.&~.=,
uninterrupted uae, liberty and privilege of passage in, under, over,
along, upon and across that certain land situated in the City of
Coppe11, Dallas County, Texas, described by metes and bounds.on ,
Exhibit A attached hereto and incorporated herein by reference £or
all ur ossa and depicted on Exhibit B attached hereto and
~ncor~0r~ted herein by reference for all purposes (the "Easement
,, ..... ~ ..... Gees of the construction, reconstruction,
~t~na~, ~;ai~'[eplacement, uae and operation of . storm water
drainage swale and sanitary sewer facilities (the ,,Easement").
TO HAVE AND TO HOLD unto Grantee, and Grantee's successors or
assigns, the Easement Area and the Easement.
Grantor hereby further GRA~TS .A~O
Temporary Construction Easement (hers~n so
area between the eal~ boundary line of the Easement Area and a line
f~fty feet (50') east of and parallel to the east boundary line of
facilitate construction of the storm water ara g
sanitary sewer facilities, upon the Easement Ares. Any party doing
work within th? Easement Area and/or the Temporary Construction
EaeementArea w~ll take reasonable steps to allow ~rantor to uso the
re arty surrounding the 2asement Area and the Temporary
~--~,-,--~-- ~----0~ Area for its designated use as a playground,
and will take all reasonable steps to protect any children on
playground from any injury which ma~ be caused by such construotion,
The Tam star Construction Easement automatically shall terminate
upon con'lotion of the stornwator drainage swale and sanitary sever
facilities.
Grantor and Grantee hereby agree that construction of the storm
water drainage swale within t~e Easement. Area will
' out material deviation from the specifications conta~nsa ~n ~ne
with .... ~__. .... ~lan Co~s11, Texas, dated AugUst, ~
Elemsn=ar ~c~Oo~ ~raA~a~ = , ~ -
Lee ~ ..... ~ ~wdev Associates, Job No. 90 075, and
1990, preparea oy v~n n ...... . & :
any modifications thereof approved by both Grantor and Grantee or
their respective successors and assigns.
Once the storm water drainage swale within the Easement Ar%a
completed, Grantor or its successors and assigns will be
responsible for the maintenance of the storm water drainage swale.
Once the sanitary facilities within the Easement Area ere
completed, Grantee will be responsible for the ~aintenance of such
sanitary sewage facilities.
This instrument contains the complete agreement between Grantor
and Grantee with respect to the subject matter hereof and supersedes
all Drier or COntemporaneous oral or written agreements. This
instrument may be varied or amended only by a written instrument
executed by both Grantor and Grantee.
This instrument is binding upon and inures to the benefit of
Grantor and Grantee and their respective heirs, devisees, personal
rspreGentativea, successors and assigns.
EXECUTED as of the day of October, 1990.
COPPELL INDEPENDENT SCHOOL DISTRICT
Title
THE STATE OF TEXAS ~
COUNTY OF DALLAS ~
This instrument was acknowledged before
1990, by
of the Coppell Independent Scho01~'iatrict.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,
October, 1990.
me on OCtober
on be~t
this the day of
My Commission Expires:
Notary ~ublic in and for
the State of Texas
printed Name of Notary
- 2
This is to certify that the interest ~n real property conveyed
by this Storm Water Drainage and Sanitary Sawar Easement dated
october , 1990, from the Coppell Independent School Dietr~ct to
~he City-~Coppell, County of Dallas, S~a~a of Texas, has been duly
accepted, subject to all terms and conditions contained herein, by
resolution of the City Council adopted , 1990,
and ~hs City Council has consented to recordation of such Storm
Water Drainage and Sanitary Sewer Eaeemen~ by its duly authorized
0ffi0er.
DATED , 1990.
ATTEST~
Mayor, City of coppell
Dallas County, Texas
City Sscr~%ary, City of Coppell
Dallas, County, Texas
STATE OF TEXAS S
COUNTY OF ~
T~ia ~natrument was acknowledged before me on this
of , 1990, by
of the City of Coppe11, Dallas County, Texas.
day
Mayor
Notary Public in and for the
State of
My commission
Printed nabs of Notary~
After F~ling Please Return To:
DRAINAGE J OTILITY EASEMEN?
BEING a tract of ]and situated in the S. M, Hiatt Survey,
Abstract No. 638 In the City of Coppell~ Dallas County~ Texas
and being more particularly described as follows:
COMMENCING at a point of intersection of the north line
of Sandy Lake Road {a 60 foot right-of-way} with the west line
of Samuel Boulevard (a 60 foot right-of-way); Thence N. la29'00
W.~ 633.93 feet along the eaid west line of Samuel Boulevard
to the southeast corner of the Lee Elementary School tract~
Thence S, 88~31'00" W., 684.39 ~eet along the south line Of
the said school tract to the POINT O~ BEGINNING;
THENCE S. 88°31'00'' W.~ 57.00 feet continuing along the
said south line of the Lee Elemontary School tract to a
for corner;
THENCE N. 0o54'46" W., 583.80 feet along the west
of the said Lee Elementary school tract to a point for corner;
THENCE N. 88o25'40'' E., 78.00 feet along the south line
of the said L~e Elementary School tract to a point for corner;
T~iENCE S. 6034'33" E., 101.39 feet to a point ~or corner;
THENCE S. 2*45'29" W., 484.23 feet to the Point of Beginning
and containing 0.996 acres (43,389 squar~ feet) of land.
Lee Elementary School
Coppell, Texas
October 24, 1990
EXHIBIT A
~ ,dK~- ROlO
DAN M. DOWD£¥ & ASSOCIATES
16~50 DALLAS PKWY DALLAS.TEXAS
SUITE I00 (gl4) 931'0694 ?~48
j##. f~-~7.',
THE STATE OF TEXAS,
COUNTY OF
TIIAT COPPEX.L 1]ql~ ~ DISTI~ICT
of ~
~ ~11~ (~1.00)
iff hand paid by
KNOW ALL MEN
and other Iood and valuable consideration
receipt of which is hereby acknowledged, do by
these presents grant, barpin, sell and convey unto to the City of .(~. )l, 'lMmm , the
and uninterrupted use, liberty and privilege of the parole in, along, upon and across the followin~
described property,
owned by Granl~
, Situated in Dallaa County, Text, in the
S.M. Hiatt Su~ey. Ab~ract No. 636
BEING a tract of land situated tn the S. #. Niatt Survey,
Abstract No. 638 in the City of Coppell, Dallas County, Texas
and being more particularly described ab follops=
COMJiENCING at · point of intersection of the north line
of Sandy Lake Road (a 60 foot R.O.#.) pith the peet line of
Samuel Blvd. (a 60 foot R.O.W.)~ Thence N. 1'29'00" Wow 633.93
feet alonq the said pent line of Samuel Blvd. to the southeasZ
corner of the Lee Elementary School tract; Thence S. 88'31'00"
w., 741.39 feet alonq the south line of said school tract; Thence
N. 0'54'46" W.w 513.80 feet alonq the pest line of the said
school tract to the POINT OF BEGINNING;
THENCE N. 0'84'46" N., 70.00 feet continuing along the
said west line of the Lee Elementary School tract to a point
for corner;
THENCE N. 88'25'40" E., 70.00 feet along the north line
of the said Lee Elementary School tract to a point for corner;
THENCE S. 1'34'20" E.w 70.81 feet to a point for corner;
THENCE S. 89'05'14" W., 70.81 feet to the Point of Beginning
and oontalninq 4,9~? square feet of land.
GRANTOR additionally does hereby gran~ and convey a fifty (50) foot wide
temporary construction easement adjacent to the eastern and southern bo~dary
of the foregoing described Sanitary and Storm Sewer Basement, which shall
automatically terminate on the comple~ion of the construction of the Sanitary
and$~ormSewer facilities.
And it is further agreed that the said Grantor ,
in consideration of the benefits above set out. will remove from the property above described, such fences,
buildings and other obstructions as may now be found upon said property.
For the purpose of oonstructtn~ ~ mi~t~ ~r~ncJ.P..ub. lisC utilities, including but not
limited to sanitary sewer ana orainage tacxx~c~e . in, along, upon and
across said premises, with the risht and privilege at all times of the grantee herein, his or its asents,
employees, workmen and representatives having ingress, egress, and regress in, along upon and across said
premises rot tile purpose or making addilions Io, improvements on and rep~ to lhe said pub1 ic ut 11 it
and or
any part thereof.
TO IIAVE AND TO HOLD unto the said Grantee
thc purposes aforesaid Ibc premises above described.
Witness my hand , this the
as aforasaid for
i
UTILITY, £A$~'MENT.
DAN M. ~'"'~']DEY & ASSOCIATES
16750 DALL <WY DALLAS,TEXAS
SUITE I00 (21~,) 93) 1-0694 75Z413